Ruling opens Pleau up to death penalty

BOSTON (WPRI) - An appellate court has overturned a ruling from earlier this year that prevented accused murderer Jason Wayne Pleau from potentially facing a death penalty case.

In a ruling issued Wednesday, the U.S First Circuit Court of Appeals in Boston argued it will hear the case in April before a full panel of judges.

• PDF: Read the Ruling

The decision is a legal blow to Pleau’s defense team and Gov. Lincoln Chafee, who intervened in the case to prevent the U.S. Attorney’s from stepping in.

Reached by phone, Pleau's defense attorney Robert Mann said he had just learned of the decision.

"We knew it was a possibility and we'll submit a brief to the court," Mann said.

He declined to comment further.

Pleau is accused of fatally shooting gas station manager David Main during a 2010 botched robbery outside a Citizens Bank branch in Woonsocket.

• Related: In-depth Coverage of Woonsocket Bank Shooting

The US Attorney's Office wants custody of Pleau to try him federally in the case. However, Chafee has resisted because doing so would open up Pleau to the death penalty, even though Rhode Island does not have capital punishment.

This latest ruling overturns an October decision in which an appeals court judge said the state did not have to turn Pleau over to the feds.